OFFICAL BALLOT March 15, 2018
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- Magnus Turner
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1 OFFICAL BALLOT March 15, FULL FUNDING CAPITAL RESERVES Florida Statute Chapter (1)(j) 2, for Cooperative Associations requires full funding of capital reserves unless the members vote to have no reserves or less than full funding. Each year the Board and Budget Committee review the reserve balances to ensure there are sufficient funds available to meet the community s needs. The 2018 budget includes $33.00 in the maintenance fee for less than full funding of reserves. Full funding of the reserves would be $36.80 per month. Hawthorne members have historically elected less than full-funding. The HRCA Board of Directors recommends a YES vote. I vote to waive full funding of Hawthorne s Capital Reserve Accounts and approve less than full funding of $33 per month per unit in YES NO ACRES In 2000, HRCA purchased 100 acres of land along Hwy 48. In 2006, by an affirmative vote of 75%, the members voted to sell 68 acres of land along Hwy 48 contiguous to HRCA s southern border. It has been for sale, with no offers received, since HRCA members are now being asked to vote on whether to continue to market the 68 acres for sale or, alternatively, to not sell the 68 acres. An affirmative vote of at least 66% of the members not to sell the 68 acres is necessary in order to change the 2006 vote. During the recovery from Hurricane Irma, this land was invaluable as a temporary storage area for debris removal. Additionally, this land could provide space for future expansion of the Community. While HRCA still owns the 32 acres closest to Hawthorne Boulevard, that area is greatly reduced in usable space due to wetlands. There is no other available vacant property that adjoins Hawthorne. The HRCA Board recommends a vote not to sell. [ ] I vote not to sell the 68 acres. [ ] I vote to sell the 68 acres.
2 3. INCREASE THE NUMBER OF PROPRIETARY LEASES BY FIFTEEN (15) Current Proprietary Lease Language 2. D. The percentage of common expenses allocated to each unit is 1/1195 and may not be changed or amended, except with the Lessee s written consent, however, the exact amount of maintenance or common expense charges may be increased or decreased based upon an increase or decrease in the estimated operating budget of the Corporation. Proposed Proprietary Lease Language 2. D. The percentage of common expenses allocated to each unit is 1/1210 and may not be changed or amended, except with the Lessee s written consent; however, the exact amount of maintenance or common expense charges may be increased or decreased based upon an increase or decrease in the estimated operating budget of the Corporation. NOTE: If approved, the requisite number of HRCA units in all governing HRCA documents shall be The enlargement of the number of units to 1210 is subject to obtaining governmental approval. Hawthorne has vacant building lots where units could be added. Increasing the current number of allowable units by fifteen (15) would add a minimum of $16,000 for each new Proprietary Lease sold and would be an additional financial benefit when each new unit would contribute more than $3400 a year in maintenance fees. The vacant lots are scattered around the Community.
3 4. REDUCTION OF COMMON GROUND Proposal To reduce the size of the common ground clothes drying area to allow for one new unit on Tamarisk Way. The Proprietary Lease Section 5.A.(37). provides for a fenced-in clothesline area available on the common elements premises. The Bylaws Article V. states that the Corporation may only reduce the amount of the common areas upon an affirmative vote of the members of the Corporation permitting such change. The addition of one unit would create one new Proprietary Lease, which would be sold for $17,500 since it is a lakefront property, and provide an additional $3,400 in annual maintenance fees. There will still be a coin-operated laundry and drying facility, with current equipment maintained or replaced as needed and a fenced-in clothesline area available on the common elements premises. Proprietary Lease Section 5. A. (43) 5. IN GROUND TRASH RECEPTACLES Current language Below-ground garbage receptacles maintained and replaced as needed; Proposed language Members will be provided with a covered, wheeled garbage container by Lake County. This is a costly item each year. The 2018 budget contains $26,000 to replace the below-ground containers.
4 6. SAGO PALM LOT EXCHANGE Proposal - Exchange the square footage of Sago Palm Lot #21 with the same square footage from the common ground at the north end cul-de-sac of Sago Palm Drive adjacent to lot #16. Lot 21 experiences drainage issues after a hard rain. It would be difficult to develop this unit without significant, expensive drainage modifications. This exchange would not reduce the amount of common ground. PROPOSED CHANGES TO THE BY-LAWS 7. ARTICLE II. MEMBERSHIP AND VOTING RIGHTS 2.3 (d) Proxies. Proxies will be used for establishment of a quorum only. Proxy forms will be available from the Secretary Administrative Office upon request. All proxies shall be in writing, signed by the person entitled to vote, shall be filed with the Secretary Administrative Office of the Corporation prior to or at the meeting at which they are to be used, and shall only be effective for the specific meeting for which originally given and any lawfully adjourned meetings thereof. This would allow a member seeking a Proxy to go to the Administrative Office to obtain the form.
5 8. ARTICLE VI. OFFICERS 6.3 Secretary. The Secretary shall ensure that notices of meetings are posted, issue notices of meetings that minutes of all meetings are taken and maintained by the Assistant Secretary attend and keep minutes of all meetings, and perform those duties normally associated with this office in corporations, and in the absence of the President and Vice-President, those duties incidental to the office of President. The accuracy of the minutes shall be the responsibility of the Secretary. The meetings are recorded and the minutes are created from the audio recording. While some notes are taken during the meeting, the audio recording allows for concentration and discussion on the matters at hand. 9. ARTICLE VII. COMMITTEES The President shall appoint the Chairpersons of all Committees. The appointed Committee Chairperson shall select the balance of the Committee subject to Board approval. Each Committee will be composed of not less than five (5) members. All Committees shall serve until terminated by the Board or until the next annual meeting, with the exception of the Planning, Documents, Budget and Investment Committees. Members of these Committees Planning Committee shall be appointed with staggered terms, to be determined by the Board. A permanent archive will be created to preserve Planning Committee documents and be available to future Committees. Members of Committees may be added or changed at any time by Board action. Expanding this method to the Documents, Budget and Investments Committees would allow for new Committee members to learn from members who have served the prior year(s) and ensure a carryover of knowledge.
6 10. ELECTION COMMITTEE 7.3 Election Committee. The Election Committee shall comply with the Florida Statutes and the Florida Administrative Code in conducting election(s) as outlined in the HRCA Policies and Procedures. An Election Committee shall handle the mechanics and procedures of announcing the coming election to all members; shall provide a form for members (desiring to have one) to give written notice to be a candidate for office; shall mail or deliver a second notice of the election meeting along with a ballot and resume or information sheet (to be supplied by the candidate, if the candidate so desires); shall also determine the order of names on the ballot. The committee shall also supervise the election process, the counting of ballots and the announcing of results. The Florida Administrative Code has changed the manner in which elections must be conducted. Florida Statutes supersede the HRCA Bylaws. While there is no change which will affect individual members, there have been procedural changes for Administration and the Election Committee. 11. SMOKING Addition to the By-Laws Other than within the confines of a member s unit or designated areas as determined by the HRCA Board, Hawthorne Residents Cooperative Association, Inc. shall be designated as a Non-Smoking, Tobacco Free and Vaping Free Community. Concerns have been raised by multiple activities requesting a smoking ban. Areas would be designated in the community for those wishing to use tobacco and/or vaping products. [ ] I approve this addition to the By-Laws. [ ] I do not approve this addition to the By-Laws. 1/11/18
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